Ott

Beginning with April 18, 1927, and ending with July 7, 1927, the International Rare Metals Recovery Company delivered to Emil J. N. Ott five separate lots of concentrates, or clean-ups, under an agreement that Ott should extract the gold therefrom and pay to the Recovery Company the sum-of $17.30 per ounce for the gold so extracted, after deducting certain minor charges. Each lot thus delivered weighed several hundred pounds, but the exact weights do not appear in the record, except, perhaps, in one or two instances. Upon the receipt of the concentrates, they were milled and reduced to amalgam, and the amalgam was then retorted, and the gold extracted therefrom. According to the returns made to the Recovery Company by Ott, the value of the ore extracted from the five deliveries, less charges, was $422.33. The return of the quantity of ore extracted from each lot was accompanied by a check for the value of the ore, less charges, and, so far as the record discloses, no objeetion was interposed to the returns thus made until the institution of the present action.

At or about the time of making each return to the Recovery Company, Ott likewise made a report to the state mineralogist.…